What Percentage of Personal Injury Cases Go to Trial?
Individuals who suffer injuries from the negligence of others are filing a surprising number of personal injury cases each year in the United States. What percentage of personal injury cases go to trial? Only a small percentage of those cases go to trial. The vast majority settle outside of court. A good number of cases settle after filing a lawsuit; the case is vigorously litigated, and multiple depositions have been taken.
The most recent data from the U.S. Department of Justice’s Bureau of Justice Statistics shows that 4% to 5% of personal injury cases in the U.S. go to trial. This means that 95% to 96% of cases settle before they go to trial.
A good personal injury lawyer can help you reduce the likelihood of going to trial. The attorney can show that the case is valuable through the litigation process. Insurance companies then settle. The California-based personal injury lawyers at Tenina Law can offer more information and insight into how a case can settle before it goes to trial. Contact us for a free consultation!
What Is the Best Way to Settle a Personal Injury Case Before Going to Trial?
We can settle a personal injury case before it goes to trial by:
- Negotiated Settlement: Your lawyer will work with the insurance company or attorney of the defendant to reach a fair settlement. In exchange for agreeing to the settlement amount, you will give up any right to sue the defendant regarding the accident.
- Mediation/Arbitration: In the event that settlement negotiations are unable to reach an agreement, the parties can agree to meet with a neutral mediator. This mediator can assist in reaching a mutually acceptable solution. They will typically use information from three conversations.
- Each party will have the opportunity to meet with the mediator in the presence of the other party.
- The mediator will facilitate the exchange between the parties.
- Each party will have the opportunity to talk with the mediator on their own.
- An arbitration and a mediation are different in that both parties testify before the arbitrator. A mediation is more informal. Arbitrations and mediations can be binding or not. Tenina Law has experience in both binding and non-binding arbitrations for personal injury cases. Our attorneys have served as arbitrators. This will allow your attorney to see the case from many perspectives and help maximize your case’s value.
How to Present a Strong Case
Organize and bring all the documentation and evidence you have to support your claim of emotional or physical damage to the lawyer when you visit them for a free consultation. This includes, but isn’t limited to:
- A copy of the accident report
- Name, badge number, and contact information of the investigating officer
- Photos and/or dashcam footage
- Contact information and witness names
- Statements from doctors and medical bills
- The first insurance settlement offer
- A list of all damaged or destroyed property
- An employer statement regarding your weekly wages
- Keep a journal about your recovery and the impact it has on your life, both at work and personally
- Prepare for questions and arrive prepared at the meeting. If things aren’t going your way, don’t get upset or angry. Pay attention to what you are being told and then use that advice to help you find the right lawyer for your case
Consult Tenina Law for Experienced Representation
If you’ve been injured, and need the expertise of a personal injury lawyer to represent you, call us today for a free consultation!
Tenina Law Inc is a top-rated personal injury lawyer in California. No matter how complicated your case is, you can be sure that we will tirelessly advocate for you to receive the compensation you deserve.